Opinion
CASE NO. 1:12-cv-00738-AWI-DLB
09-04-2012
J & J SPORTS PRODUCTIONS, INC., Plaintiff, v. ELVIA YOLANDA MONTANO, et al. Defendant.
Thomas P. Riley, SBN 194706 LAW OFFICES OF THOMAS P. RILEY, P.C. First Library Square Attorneys for Plaintiff J & J Sports Productions, Inc.
Thomas P. Riley, SBN 194706
LAW OFFICES OF THOMAS P. RILEY, P.C.
First Library Square
Attorneys for Plaintiff
J & J Sports Productions, Inc.
PLAINTIFF'S EX PARTE
APPLICATION FOR AN ORDER
CONTINUING THE INITIAL
SCHEDULING CONFERENCE AND
EXTENDING TIME TO COMPLETE
SERVICE; AND ORDER
TO THE HONORABLE DENNIS L. BECK, THE PARTIES AND THEIR ATTORNEY/S OF RECORD:
As of this date, Plaintiff has been unable to successfully serve its initiating suit papers upon defendant Elvia Yolanda Montano, individually and d/b/a Papa O's Pizza a/k/a Alto Kalibre.
WHEREFORE, Plaintiff makes the following representations and recommendations:
1. On May 4, 2012, Plaintiff's Complaint was filed against Defendant Elvia Yolanda Montano, individually and d/b/a Papa O's Pizza a/k/a Alto Kalibre.
2. Plaintiff has still not perfected service of the initiating suit papers upon the Defendant, Elvia Yolanda Montano, individually and d/b/a Papa O's Pizza a/k/a Alto Kalibre, despite diligent efforts to do so. (Please find a true and correct copy of the process server's Status Reports attached hereto and made part hereof as Plaintiff's Exhibit 1).
3. Plaintiff J & J Sports Productions, Inc., hereby applies ex parte for an order further continuing the Initial Scheduling Conference presently set for November 6, 2012 at 9:00 AM. As set forth below, Plaintiff respectfully requests this Honorable Court continue the Status Conference and extend the time to complete service an additional Thirty (30) days to Forty-Five (45) days.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court continue the Initial Scheduling Conference, presently scheduled for November 6, 2012 at 9:00 AM and permit Plaintiff an additional Thirty (30) days to Forty-Five (45) days from today's date to effectuate service of the Summons and Complaint filed in this matter, or to file a motion for service by publication, or in the alternative, a Notice of Voluntary Dismissal as to the named defendant.
Respectfully submitted,
________________________
LAW OFFICES OF THOMAS P. RILEY, P.C.
By: Thomas P. Riley
Attorneys for Plaintiff
J & J Sports Productions, Inc.
ORDER
It is hereby ordered that the Initial Scheduling Conference in civil action number 1:12-cv-00738-AWI-DLB styled J & J Sports Productions, Inc. v. Elvia Yolanda Montano, et al., is hereby continued from 9:00 AM, November 6, 2012 to December 17, 2012 at 9:00 am.
Plaintiff is granted an additional forty-five (45) days from today's date to effectuate service of the Summons and Complaint filed in this matter, or to file a motion for service by publication, or in the alternative, a Notice of Voluntary Dismissal as to defendant Elvia Yolanda Montano, individually and d/b/a Papa O's Pizza a/k/a Alto Kalibre, where service has not been made or service by publication requested.
Plaintiff shall serve a copy of this Order on the Defendant and thereafter file a Certification of Service of this Order with the Clerk of the Court. IT IS SO ORDERED.
________________________
UNITED STATES MAGISTRATE JUDGE